IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
March 11, 2009
MARTIN MURILLO-ORTEGA, PETITIONER,
UNITED STATES OF AMERICA, RESPONDENT.
The opinion of the court was delivered by: Oliver W. Wanger United States District Judge
ORDER DECLINING TO ISSUE CERTIFICATE OF APPEALABILITY
Petitioner Martin Murillo-Ortega's request for a Certificate of Appealability in connection with his appeal of the denial of his motion to vacate, set aside or correct sentence pursuant to 28 U.S.C. § 2255 is DENIED.
Petitioner's Section 2255 motion was denied as untimely.
The Court concludes that jurists of reason would not find it debatable that Petitioner's motion states a valid claim for denial of a constitutional right and would not find it debatable that the Court is correct in its ruling.
IT IS SO ORDERED.
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